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2 - International Institutions

Published online by Cambridge University Press:  05 June 2012

John F. Murphy
Affiliation:
Villanova University, Pennsylvania
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Summary

As we have seen in the Introduction to this study, there are numerous claims that the elaborate system of international institutions that was developed after World War II is “broken” and that every major international institution, as well as countless smaller ones, faces calls for major reform. To attempt to cover all or only the major international institutions would require a multivolume treatise and is way beyond the scope of this chapter and of this study. For present purposes, this chapter examines some of the most salient aspects of criticisms and calls for reform of the United Nations, the International Court of Justice, and the international criminal tribunals, including the International Criminal Tribunal for the Former Yugoslavia, the International Criminal Tribunal for Rwanda, and the International Criminal Court, as well as the so-called hybrid tribunals.

In order to evaluate the performance of these international institutions, it is necessary first to consider the criteria to be applied in judging their successes and failures. Has the performance of the institution concerned established its credibility and its relevance in fulfilling the goals of its founders? How effective has the institution been in helping states settle their disputes, for example, and has it avoided taking on issues where it cannot make an effective contribution? Has the institution at least avoided making a bad situation worse?

In evaluating the performance of these international institutions, it is also important to realize the enormity of many of the problems they were created to resolve.

Type
Chapter
Information
The Evolving Dimensions of International Law
Hard Choices for the World Community
, pp. 56 - 102
Publisher: Cambridge University Press
Print publication year: 2010

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References

Albrecht, Lawrence G. et al., The U.N. Human Rights Council, 41 INT'L LAW. 643, 644 (2007)Google Scholar
Hoge, Warren, New U.N. Rights Group Includes Six Nations with Poor Records, N.Y. TIMES, May 10, 2006, at A12Google Scholar
Scannella, Patrizia and Splinter, Peter, The Human Rights Council: A Promise to be Fulfilled, 7 HUM. RTS. L. REV. 41, 51 (2007)Google Scholar
Crook, John R., Contemporary Practice of the United States, 101 AM. J. INT'L L. 484, 485 (2007)Google Scholar
Pomerance, Michla, The ICJ's Advisory Jurisdiction and the Crumbling Wall Between the Political and the Judicial, 99 AM. J. INT'L L. 26, 29 (2005)CrossRefGoogle Scholar
Murphy, Sean, Self-Defense and the Israeli Wall Advisory Opinion: An Ipse Dixit From the ICJ?, 99 AM J. INT'L L. 63 (2005)CrossRefGoogle Scholar
Hargrove, John Lawrence, The Nicaragua Judgment and the Future of the Law of Force and Self-Defense, 81 AM. J. INT'L L. 135, 139 (1987)CrossRefGoogle Scholar
Kretzmer, David, The Advisory Opinion: The Light Treatment of International Humanitarian Law, 99 AM. J. INT'L L. 88, 100–101, n. 101 (2005)CrossRefGoogle Scholar
Watson, Geoffrey R., The “Wall” Decisions in Legal and Political Context, 99 AM. J. INT'L L. 6, 21–25 (2005)CrossRefGoogle Scholar
Damrosch, Lori Fisler and Oxman, Bernard H., Editors' Introduction, 99 AM J. INT'L L. 1 (2005)Google Scholar
Falk, Richard A., Towards Authoritativeness: The ICJ Ruling on Israel's Security Wall, 99 Am. J. Int'l L.42 (2005)CrossRefGoogle Scholar
Wedgwood, Ruth, Slobodan Milosevic's Last Waltz, N.Y. TIMES, Mar. 12, 2007, at A23Google Scholar
Simons, Marlise, Genocide Court Ruled for Serbia Without Seeing Full War Archive, N.Y. TIMES, Apr. 19, 2007, at Al, col. 1Google Scholar
Tuerk, Helmut, The Contribution of the International Tribunal for the Law of the Sea to International Law, 26 PENN ST. INT'L L. REV. 289 (2007)Google Scholar
Charney, Jonathan I., The Impact on the International Legal System of the Growth of International Courts and Tribunals, 31 N.Y.U. J. INT'L L. & POL. 697, 704 (1999)Google Scholar
Schwarzenberger, Georg, The Problem of an International Criminal Law, 3 CURRENT LEGAL PROB.263, 295 (1950)CrossRefGoogle Scholar
McDonald, Gabrielle Kirk, Problems, Obstacles, and Achievements of the ICTY, 2 J. INT'L CRIM. JUST. 558, 563 (2004)CrossRefGoogle Scholar
Wald, Patricia M., International Criminal Courts–A Stormy Adolescence, 46 VA. J. INT'L L. 319, 336 (2006)Google Scholar
Mundis, Daryl A., The Judicial Effects of the “Completion Strategies” on the Ad Hoc International Tribunals, 99 AM J. INT'L L.142, 143 (2005)CrossRefGoogle Scholar
Murphy, John F., The Quivering Gulliver: US Views on a Permanent International Criminal Court, 34 INT'L LAW.45 (2000)Google Scholar
Simons, Marlise, Gambian Defends the International Criminal Court's Initial Focus on Africans, N.Y. TIMES, Feb. 26, 2007, at A13Google Scholar
Schocken, Celina, The Special Court for Sierra Leone: Overview and Recommendation, 20 BERKELEY J. INT'L L. 436 (2002)Google Scholar
McClurg, Jason, Taylor Trial Delayed Until January 7, 2008, 23 INT'L ENFORCEMENT L. REP.435 (Nov. 2007)Google Scholar
Simons, Marlise, Trial of Liberia's Ex-Leader Languishes Amid Delays, Bureaucracy and Costs, N.Y. TIMES, Aug. 27, 2007, at A6Google Scholar
McClurg, Jason, Taylor Defense Team to Begin Presenting Case on July 13, 2009, 25 Int'l Enforcement L. REP., Aug. 2009, at 333Google Scholar
Simons, Marlise, War Crimes Trial to Hear from Ex-Liberia President, N.Y. TIMES, July 13, 2009, at A9Google Scholar
Zagaris, Bruce, UN and Cambodia Finally Reach Agreement on Prosecuting Khmer Rouge, 19 INT'L ENFORCEMENT L. REP. 194 (May 2003)Google Scholar
Zagaris, Bruce, Cambodian Special Tribunal Controversy Continues, 23 INT'L ENFORCEMENT LAW REP.58 (February 2007)Google Scholar
Zagaris, Bruce, Lebanon Approves U.N. Plan for International Criminal Court for Hariri Assassination, 23 INT'L ENFORCEMENT LAW REP.29 (Jan. 2007)Google Scholar
Solomon, Jay, U.S. Backs Plan on Trying Suspects in Hariri Killing, WALL ST. J., Apr. 20, 2007, at A17Google Scholar
Scharf, Michael P., Foreward: Lessons From the Saddam Trial, 39 CASE W. RES. J. INT'L L. 1 (2006–2007)Google Scholar

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  • International Institutions
  • John F. Murphy, Villanova University, Pennsylvania
  • Book: The Evolving Dimensions of International Law
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511750687.003
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  • International Institutions
  • John F. Murphy, Villanova University, Pennsylvania
  • Book: The Evolving Dimensions of International Law
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511750687.003
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • International Institutions
  • John F. Murphy, Villanova University, Pennsylvania
  • Book: The Evolving Dimensions of International Law
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511750687.003
Available formats
×